WILL OF WILLIAM WOMACK – PITTSYLVANIA COUNTY, VA - NOV 1, 1849 In the name of God, Amen. I, William Womack of the County of Pittsylvania and State of Virginia, Knowing that it is allotted for all men to die, and being of sound mind and disposing memory do on this 1st day of November in the year of our Lord, one thousand eight hundred and forty nine, do hereby make, constitute and ordain this as my last will and Testament hereby revoking all former wills by me heretofore made in manner and form as follows, to wit: First – I commend my soul to almighty God, who gave it, and my body to the earth from whence it came, to be buried in a decent Christian manner. Second, I direct my Executor and Executrix to pay all my just debts as soon after my decease as it can be conveniently done. Third, I devise to my beloved wife Martha Womack during her life, all of my mansion tract of land together with all and singular the appurtenances thereto belonging or in any wise appertaining which said tract of land is composed of several contguous tracts or pieces of land which I obtained from my late Father Allen Womack, William Irby, Landsdown, Duprey and Williams, also tow other small tracts of land not exactly adjoining the above land which I purchased of Owen and Charles Irby the whole supposed to contain some fourteen or fifteen hundred acres. The before mentioned lands my will and desire is that my beloved wife, Martha shall give to any two or more of my blood relations on the Womack side, that she may think proper, except to any of my brothers, sisters or their descendants, as it is my desire that neither my brothers, sisters or their descendants shall ever own, possess or enjoy any part of said Lands before mentioned. Fourth, I devise to my beloved wife Martha Womack in fee simple to dispose of in any form, manner or shape she may desire, without any restrictions whatever the following personal and perishable estate to wit: one Negro man Billy, Barnaba, (sometimes called Burnell), Soloman, Moses, Manser, Abner, Lewis, Stephen, Elinizes, one woman, Hannah, Rhoda, Lucinda, Hariette, Ester, Ceily and Jand and their future increase, also my four wheel riding carriage and harness, wagons , and carts, seven horses that she may select out of my stock, all of my stock of cattle, sheep and hogs, all of my house hold and Kitchen furniture, plantation utensils of every sort and description, Black Smith tools, Grist mill furniture and apparatus and books of every description to her and her heirs forever. I further give to my beloved wife Martha Womack all of my crop of every description together with all possessions I may have on hand at my death except my crop of Tobacco prized and unprized, some of which is now in Lynchburg and my crop of wheate on hand. The Tobacco and wheat aforesaid to be sold and the proceeds arising from such sale, one half of which I devise to her and her heirs forever. Fifth, I devise to my beloved wife Martha Womack during her natural life my grist mill and all the lands I own below the road and at her death I hereby give and bequeath the aforesaid Mill and tract of land below the road to my Nephew, James Witcher (son of my Niece Paulina Witcher) to him and his heirs forever. Sixth, I devise to my beloved wife, Martha Womack during her natural life the tract of land I purchased of Joseph Slagton, being a part of the Clopton tract and at her death I give and bequeath the aforesaid tract of land to Joshua Hightower an his heirs forever Seventh, I devise to my beloved wife, Martha Womack during her natural life the following negor slaves to wit: Ann, Nancy, Ellen, Henry, old Sarah, Jefferson, Archer, Frank, Sam, Mary and her child Peter, Tom, Jack, Pernella and her infant child name unknown, Kate, Dolly , Ricky, George, Dorcy and old John, which said twenty one negor slaves it is my will and desire at the death of my said wife, shall be together with their future increase, be divided into eight equal lots which said eight lots of slave I give and bequeath to William Womack (son of Charles Womack of Halifax) to the living children of Mrs. Jeramiah White (of Halifax) , William S. Guthrie grandson of Lillius D. Womack of Prince Edward, to John Watson, oldest son of Elizabeth Watson, to James Witcher, son of Paulina Witcher, to Elizabeth Watson, wife of Jedabod T. Watson, to Paulina Witcher, wife of Nathaniel Witcher to them and their heirs forever. Eighth, I devise to my niece Elizabeth Watson, wife of Jehabod T. Watson, my tract of land known as the Mcdowell Tract also to my said niece Elizabeth Watson, wife of Jehabod T. Watson the following negor slaves, Louisa and her two children, Jesse and Fanny, Jim, Phebe, and Matt and my buggy and harness the aforesaid land , Negroes and their increase, buggy and harness to her and her children forever. Ninth, I devise to my niece, Paulina Witcher, wife of Nathaniel Witcher the following, Negro salves, to wit: Amy and her three children, Isaac, Jack and Rand and Monon, Sarah and Betsy, together with their fture increase to here children forever. Tenth, I devise to my friend Henry W. Barksdale the sum of five hundred dollars to be paid to him by my hereinafter named Executor and Executrix immediately after my death. Eleventh, I devise to my relative William S. Guthrie, grandson of Lillius D. Womack of Prince Edward in order to aid him in obtaining an education the sum of two hundred and fifty dollars to be paid to him by my hereinafter Executor and Executrix up the demand of his guardian. Twelth, I devise to my relative, Mrs. Paulina Hogshead, wife of William H. Hogshead of Campbell, to be paid to her by my Executor and Executrix hereinafter named immediately upon my death the sum of two hundred and fifty dollars. Thirteenth, I devise to William Hightower son of Joshua Hightower my five shares of Richmond and Danville Rail road Stock, my executor and executrix paying the requisitions out of any money belonging to my estate s they may be called for, to him and his ehers forever. Fourteenth, I devise one half of my saw mill and the land above the road to my beloved wife Martha Womack during her natural life and at her death I give and bequeath the half of the mill and land contained in this clause to Joshua Hightower and his heirs forever. Fifteenth, I devise to Joshua Hightower the other half of the sawmill and the land above the road to him and his heirs forever, Sixteenth, I devise to my beloved wife Martha Womack during her natural life the tract of land I own on the Mountain known as the Mountain or Harris Tract and at her death I give and bequeath the tract of land mentioned in this clause to Joshua Hightower and his heirs forever. Seventeenth, I desire that my beloved wife Martha Womack shall …missing (something about a mill) Eighteenth, I devise to my beloved wife, Martha Womack and to her heirs and assigns forever all legacies and lapse legacies as well as all other property or estate of every kind in which I am now or may hereafter become intrusted, which may not have been enumerated in this my last will and testament or which may have been omitted to be bequeathed. Nineteenth, I do hereby ordain constitute and appoint my friend Joshua Hightower, Executor and my beloved wife Martha Womack Executrix to my last will and testament, I also desire and request that should my wife aforesaid desire to qualify as Executrix to this my will that the county court of Pittsylvania will allow her to do so without giving security unless for circumstances hereafter satisfaction to them. In witness whereof I have hereto set my hand and seal the day and year aforesaid, WM WOMACK (SEAL) Signed sealed and acknowledged in presence of (the erasure of the item of two thousand dollars in the fourth clause was done before signing and acknowledging this will) Chesley Martin James Baynes Joseph Woodson Jr. Coalman D. Bennett Codicil to his my last will made this 1st day of November 1849. I devise to Mildred Bennett Daughter of Coalman d. Bennett one hundred and fifty dollars to be paid to Coalman D. Bennett for her benefit by my Executor and Executrix named in my will of this day and date. Witness my hand and seal this day and date herein written . WM WOMACK (SEAL) Signed and Acknowledged in the presence of Chesley Martin James Baynes Joseph Woodson Jr. At a court held for the County of Pittsylvania the 17th day of December 1849 – this last will and testament of William Womack Decd. Together with a codicil thereto annexed was presented in court and proven by the oaths of Chesley Martin, Coalman d. Bennett and the said codicil by Chesley Martin and James Baynes and thereupon the said will and codicil was ordered to be recorded and on the motion of Joshua Hightower the Executor therein mentioned who made oath and with Banister Anderson, Henry W. Barksdale, John S. Hightower and Richard M Kirby Jr. his securities entered into and acknowledged a bond in the penalty of fifty thousand dollars conditioned as required by Law Certificated was granted him for obtaining probate of said will in due form and liberty is reserved to the Executrix to join in the probate when she shall think just.